In the UK, Section 8 of the Housing Act 1988 allows landlords to evict tenants for specific breaches of the tenancy agreement, such as non-payment of rent, property damage, or anti-social behaviour. The Section 8 notice eviction process enables landlords to seek possession of their property through the courts, provided they can demonstrate valid grounds for eviction.
Since 1 May 2026, Section 21 “no fault” evictions have been abolished by the Renters’ Rights Act 2025, and Section 8 is now the only route landlords can use to evict a tenant. It is therefore vital for landlords to be aware of these rules in order to stay informed about how they can evict a tenant if they need to.
Common Grounds for Section 8 Eviction
In total, there are 18 grounds for possession under Section 8. However, some of the most common grounds for Section 8 eviction include the following:
- Non-payment of Rent (Ground 8): If the tenant has fallen behind on rent by at least three months (for monthly tenancies) or 13 weeks (for weekly or fortnightly tenancies), landlords can apply for eviction.
- Breach of Tenancy (Grounds 12 & 13): For violations like property damage or unauthorized subletting.
- Anti-social Behaviour (Ground 14): If the tenant is causing a nuisance or engaging in criminal activity. The definition has been broadened to cover conduct capable of causing nuisance or annoyance, and this ground can now be used with immediate notice.
- Deliberate Property Damage (Ground 15): For intentional damage to the property.
- Student Accommodation (Ground 4A): A new ground allowing landlords to regain possession of student HMOs in line with the academic year, with four months’ notice.
How can a tenant be evicted under Section 8?
- Serve a Section 8 Notice: The landlord must first serve the tenant with a Section 8 Notice on the new prescribed Form 3A, specifying the grounds for eviction. The notice period depends on the ground used — most grounds now require 4 months’ notice, while rent arrears (Ground 8) requires 4 weeks.
- Apply to the Court: If the tenant doesn’t leave after the notice period, the landlord can apply to the court for a possession order.
- Court Hearing: The court will assess the evidence, and if it’s satisfied with the landlord’s case, it will grant a possession order.
- Bailiffs: If the tenant still refuses to leave, the landlord can request a warrant of possession and bailiffs will be authorized to evict the tenant.
What else should landlords bear in mind?
Landlords should pay special attention to the following points when deciding to evict a tenant:
- Legal Process: Landlords must follow the proper legal procedures to avoid unlawful eviction.
- Tenant’s Rights: Tenants have the right to contest the eviction and must be given proper notice.
- Notices served before 1 May 2026: If a valid notice was served before the Act came into force, court proceedings must be issued by 31 July 2026, or a fresh Section 8 notice will be needed under the new rules.
Our thoughts
Evicting a tenant using Section 8 requires careful adherence to the law, and landlords must ensure they follow the correct steps to avoid delays or legal challenges.
Especially in complex cases, we recommend that landlords always consult a solicitor as early as possible to properly commence the eviction process. Contact Lisa’s Law Solicitors today.
This article was last updated on 22nd July 2026 to reflect the Renters’ Rights Act 2025 changes, which came into force on 1 May 2026.
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